Arjun Prasad Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19138 of 2018 ====================================================== Arjun Prasad Gupta, S/o Late Kali Prasad Gupta, Resident of VillageFatehpur, P.S.- Fatehpur, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Food & Consumer Protection, Government of Bihar, Patna.

2. The Collector-cum-District Magistrate, Gaya.

3. The Sub Divisional Officer, Sadar Gaya, District- Gaya.

4. The Block Supply Officer, Fatehpur, District- Gaya. .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari For the Respondent/s : Mr. Arvind Ujjwal, SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-10-2018 The present writ petition has been filed for quashing the order dated 07.05.2014 passed by the Sub Divisional Officer, Sadar Gaya as also the appellate order dated 12.07.2018 passed in Supply Case No. 02 of 2017 by the District Magistrate, Gaya. The short issue raised by the learned counsel for the petitioner is that the petitioner was granted only three days' time for filing show cause reply which is by any stretch of imagination insufficient.

The learned counsel for the petitioner relies on a judgment reported in 2013(1) PLJR 718 wherein this Court has held that three days' time to reply to the show cause was clearly insufficient.

Patna High Court CWJC No.19138 of 2018 (2) dt.04-10-2018 2/2 In view of the aforesaid, the impugned orders dated 07.05.2014 and 12.07.2018 are quashed and the matter is remanded to the Sub-Divisional Officer, Sadar Gaya for fresh determination in accordance with law.

The writ petition is allowed.

(Mohit Kumar Shah, J) S.Sb/- U